GAP in PAYROLL!!! During transitioning on H1B okay?

[usadreamer123]

Hi Dear Murthy Readers!

Can you please answer the following for me? I am really tensed.

When transitioning to current employer A to new employer B, I am anticipating that I may have few days without payroll from either of them. Is that allowed?

Given that employer B allows the new hires start date only on Monday's of a month, I will have to suffer by not having any payroll in between. Will it pose any issues for the GC process in the future?

I am in a tricky situation !! I wish the transitions were much smoother.

Thanks in advance!

[wiweq]

A few days doesn't matter as long as you maintain your status.

Just a reminder, don't join new employer until new H1b is approved. An H1b can be approved within 2-3 weeks by processing in PP. Beneficiary can also pay for PP fees, legally.

[pontevecchio]

You have 60 days to join the new H1 sponsor after you have left the old one. This is why you should always run any changes by your Lawyer so as to avoid panicking.

[usadreamer123]

A few days doesn't matter as long as you maintain your status.

Just a reminder, don't join new employer until new H1b is approved. An H1b can be approved within 2-3 weeks by processing in PP. Beneficiary can also pay for PP fees, legally.

My new H1b is approved with the new company.

[usadreamer123]

You have 60 days to join the new H1 sponsor after you have left the old one. This is why you should always run any changes by your Lawyer so as to avoid panicking.

Thank you Pontevecchio for the info.

Based on the info given by you, I found the 30/60 rule of DOL -

20 CFR 655.731©(6)(ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph ©(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by DHS, whichever is later. Matters such as the worker's obtaining a State license would not be relevant to this determination.